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Friday, September 20, 2002
Negative powder burns on Ampatuan inconclusive
A FORENSIC chemist from the Philippine National Police Crime Laboratory Thursday testified in court that their findings of a negative powder burns on murder suspect Mohammad Bahnarin Ampatuan are not reliable and inconclusive.
Chief Insp. Noemi Austero said she was the one who conducted the examination on the paraffin cast taken by one SPO2 Leonilo Manes on the hands of Ampatuan last July 28 eight hours after the shooting of Carlo Asistido inside The Venue compound.
She said the paraffin test on the extracted cast taken from the suspect came out negative.
She, however, said that she was not present at the time the paraffin cast was done on Ampatuan and could not say for sure if that same cast taken from Ampataun was the same cast she conducted examination on.
Austero, who considers herself a forensic expert, also revealed that there is such a thing as "false negative" in paraffin test results.
She said among the factors that contribute to the "false negative" results are the use of gloves during the firing of the gun, wind direction at the crime scene, and profuse or excessive perspiration on the hands of the subject.
Austero, along with Amadon Maulana, a friend of Ampatuan, and SPO1 Jay Ruben Plaza, San Pedro Police investigator, were the witnesses presented by the defense in Thursday's fifth day hearing on the petition for bail filed by Ampatuan's lawyers.
Two more defense witnesses were not able to testify as lawyer Jesus Zozobrado claimed they have enough and strong evidence to merit the granting of bail on the suspect.
"Sobra na kalakas ng ebidensya ng depensa kaya kinunan na lang namin para madali na lang ba (The defense evidence is strong enough thus we drop some of our witnesses to fasttrack the proceeding)," Zozobrado said.
Prosecutors dragging the bail hearing?
After Thursday's culmination of the testimonies of the defense witnesses, the prosecution surprisingly requested the court for a sub-rebuttal.
Zozbrado said this is but another delaying tactic of the prosecution team.
"We feel that the prosecution is unreasonably dragging this bail plea considering that it is supposed to be a summary, supposed to be brief because the main trial is still to be scheduled after the bail hearing," he said.
This was, however, denied by private prosecutor Nestor Ledesma.
"That is a rather harsh indictment on the prosecution. We do not have any intention and we are not dragging the proceedings. We simply feel that it is the obligation of the prosecution to prove that the evidence of guilt is strong," Ledesma said.
The former city administrator added that they are not leaving any chance to ensure that the bail plea would be denied.
"We will be presenting witnesses to virtually demolish the testimonies of Carla Fabian and Amadon Maulana. They were less than honest and candid to the court and our sub-rebuttal, witnesses will unmask them on Sept. 30," he said.
Ledesma, however, refused to divulge the identities of their witnesses come Sept. 30 in the afternoon.
No power interruption ensured during hearing
Because of the six-minute power interruption experienced during the Ampatuan bail plea hearing last week, the Davao Light and Power Corporation (DLPC) sent two mobile standby generator set to the Benigno Aquino Hall of Justice in Ecoland Thursday.
Judge Virginia Europa of the Regional Trial Court Branch 11 revealed that she asked the DLPC's assistance after an abrupt pandemonium happened last week as a result of the brownout.
About two small emergency lamps and one huge lamp were placed inside the courtroom to ensure that the room will not be again enveloped by darkness in any eventuality.
Europa expressed her gratitude to the DLPC and hoped that come next hearing day, the power company will still lend them a standby generator set.(Ben O. Tesiorna)
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